Written by:
Abdulyekeen, Muhammed-Bashir Ilobu
And
Eleja, Hussein Kehinde
Abstract
In the society today, especially in Nigeria, the rate at which people adopt children cannot be overemphasized. There are different rationales behind adoption of children in the society, which form basis for child adoption.
Some couples adopt children because they are not medically and biologically fertile to give birth to a child. As a result, they may find it expedient to adopt a child or children as their own.
Also, as a result of the fact that some parents are not financially buoyant to take care of their children, some financially stable people adopt these children for proper upbringing.
In some cases, it is as a result of loss of parents making the child/children orphans, adoption of children is the apt solution. As for the adopted child, having been part of the member of a family, the legal status of the adopted child gives rise to controversy, especially when it comes to entitlement to some rights as a member of the family that adopted the child.
Thus, this article examines the legal status of child adoption and succession under common and Islamic law legal system. By so doing, it provides both Nigerian law and Islamic law points of view as regards to the legal status of the adopted child and his/her entitlement to succession or inheritance.
Keywords: Legal Status; Child Adoption; Succession; Common Law; and Islamic Law.